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HomeMy WebLinkAboutG51-18 Ordinance No. G51-18 AN ORDINANCE AMENDING ORDINANCE NO. G10-18 WHICH AMENDED ORDINANCE NO. G26-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT WHEREAS,the property herein has previously been annexed to the City of Elgin; and WHEREAS,the property has previously been classified in the PCF zoning district pursuant to Ordinance No. G8-06, as amended in its entirety by Ordinance No. G26-09; and WHEREAS,Ordinance No. G10-18,adopted January 24,2018 amended certain provisions of Ordinance No. G26-09; and WHEREAS, a written application has been made to amend the approved land plan for the subject property known as The Ponds of Stony Creek Property; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on July 23, 2018 concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PCF Planned Community Facility District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 23, 2018, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G10-18 previously adopted by the City Council of the City of Elgin and classifying the property described therein in the PCF Planned Community Facility District is hereby amended as follows: A. Section 2. A. of Ordinance No. G10-18 is hereby amended to read as follows: "A.Section 2 of Ordinance No. G26-09 is hereby amended to read as follows: That Chapter 19.07, Section 19.07.600 entitled 'Zoning District Map' of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein laid out in the 'Zoning District Map', as amended,be and are hereby altered by including in the PCF Planned Community Facility District,the following described property: Those areas on the attached Plat of Zoning Exhibit" " for The Ponds of Stony Creek, prepared by CEMCON, Ltd., dated March 17, 2008, last revised July 3, 2018, and designated thereon in the PCF Planned Community Facility District." B. Section 2. B. 1. a. of Ordinance No. G10-18 is hereby amended to read as follows: a. Substantial conformance to the Development Application submitted by CalAtlantic Group,Inc.,and Daniel B.Light and Leah Rae Light, dated received July 2,2018 and the supporting documents including: 1. Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to Existing Planned Development Districts, received July 2, 2018; 2. Declaration for Stony Creek Units 1 and 2, received July 5, 2018; 3. Plat of Zoning Exhibit for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated March 17, 2008, last revised on July 3, 2018; 4. Preliminary Plat for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated September 14, 2016, last revised August 13, 2018; 5. Final Plat of Subdivision for The Ponds of Stony Creek Unit 1,prepared by Cemcon,Ltd., dated September 13, 2016,last revised August 16, 2018; 6. Roadway Improvement Plans for Ponds of Stony Creek — McDonald Road Elgin, Illinois, prepared by Cemcon, Ltd., dated July 20, 2007, last revised June 27, 2018; 7. Final Engineering Improvement Plans for Ponds of Stony Creek—Units 1 &2 prepared by CEMCON,Ltd.,dated May 24, 2006 with last revision date October 17, 2017, as amended by the Final Engineering Improvement Plans for Ponds of Stony Creek — Unit 1 Addendum Elgin, Illinois, 2 Watermain-Sanitary Sewer-Street-Street Lighting and Drainage Improvements, prepared by Cemcon, Ltd., dated June 27, 2018. Notwithstanding the foregoing, Final Engineering approval for Unit 2 shall require further submission of engineering plans to the City Engineer and approval by the City Engineer; 8. Final Landscape Plan Ponds of Stony Creek Units 1 & 2 Elgin, Illinois, prepared by Gary R. Weber Associates, Inc., dated October 3, 2016, last revised August 6, 2018; 9. The "Final Engineering Plans for Ponds of Stony Creek — Offsite Watermain Improvement Plan" prepared by CEMCON, Ltd dated February 19, 2007 with the latest revision date of September 12, 2017. 10. The "Final Engineering Plans for Ponds of Stony Creek Phase 1-3 Lift Station and Offsite Sanitary Sewer Improvement Plan"prepared by CEMCON, Ltd dated April 14, 2017 with the latest revision date of May 1, 2018. 11. Further revisions to the foregoing plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer; and assignment of ownership and maintenance responsibilities to the homeowners association of common features. 12. Changes to any of the aforesaid plans proposed by the developer that are (i) in the nature of construction revisions resulting from field conditions and (ii) determined by the City's engineer or Corporation Counsel to be generally consistent with the purpose and intent of the originally approved plans shall be allowed. In the event of any conflict between such documents and the terms of this ordinance the terms of this ordinance shall supersede and control." Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinances No. G26-09 and No. G10- 18. In the event of any conflict between this ordinance and Ordinances No. G26-09 and No.G10- 18, this ordinance and associated documents shall control and prevail. Section 4. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Third Amendment to Annexation Agreement for the subject property. 3 Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. avid J. aptain, Mayor Presented: August 22, 2018 Passed: August 22, 2018 Vote: Yeas: 8 Nays: 0 Recorded: August 22, 2018 r Published: August 24, 2018 OF M'"i" Attes ' J RirKberly Dewi ity Jerk 4 EXHIBIT A July 23, 2018 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL Community Development Department City of Elgin,Illinois OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 24-18, an application by CalAtlantic Group,Inc. and Daniel B.Light and Leah Rae Light,as applicants and property owners, requesting further amendment to the annexation agreement, a map amendment(specifically further amending the planned development ordinances),an amendment to the preliminary plat,and final plat and final engineering approval for unit 1,all at the property commonly referred to as 4001 McDonald Road. The property is zoned PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District. GENERAL INFORMATION Petition Number: 24-18 Property Location: 4001 McDonald Road Requested Action: Approval of Third Amendment to Annexation Agreement, Amendment to Planned Development Ordinances G25-09 and G9-18 (PSFR2), and G26-09 and G10-18 (PCF), Amendment to Preliminary Plat, and Final Plat and Final Engineering for Unit 1 Current Zoning: PSFR2 Planned Single Family Residence District, and PCF Planned Community Facility District Proposed Zoning: No change. PSFR2 Planned Single Family Residence District, and PCF Planned Community Facility District Existing Use: Vacant/Agricultural Proposed Use: Single-family home subdivision Applicant: CalAtlantic Group, Inc., and Daniel B. Light and Leah Rae Light Owner CalAtlantic Group, Inc., and Daniel B. Light and Leah Rae Light Recommendation & Findings of Fact Petition 24-18 July 23, 2018 Page 2 Staff Coordinator: Marc Mylott, AICP, Director of Community Development Exhibits Attached: A. Aerial/Location May B. Zoning May C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Third Amendment to the Annexation Agreement F. Draft PSFR2 and PCF Planned Development Ordinances F. Draft Resolution Approving New Preliminary Plat F. Draft Resolution Approving New Final Plat for Unit 1 F. Notice of Hearing Response Forms and Other Correspondence DEVELOPMENT DETAIL In January of this year,the Elgin City Council unanimously approved amendments to the Ponds of Stony Creek subdivision, increasing the number of single-family residential lots from 430 to 504. CalAtlantic(now Lennar)proposed to build substantially the same homes it had built in the Cedar Grove subdivision,just north of the Ponds, at the corner of Bowes and Corron roads. CalAtlantic started construction on the infrastructure required for the Ponds shortly after this approval. On April 301h, the Village Administrator for the Village of Campton Hills called Community Development Director Mylott and suggested that the eastern-most approximately 1,100 feet of McDonald Road, located along the north side of the development,may be within the Village rather than the City. The Administrator forwarded an email exchange between Kane County GIS and the Campton Township Highway District in which it was suggested that said portion of McDonald Road had been incorporated into the Village of Campton Hills prior to the Elgin annexation of the adjacent portion of the Ponds. Recommendation&Findings of Fact Petition 24-18 July 23, 2018 Page 3 On May 9th and before the City could formally respond,Campton Hills sent a letter to the City asking CalAtlantic to submit an application for permit review by the Village and to pay for a traffic impact study by the Village engineering firm and any associated recommendations for road improvements, among other things.At all times and for many reasons,the City has disputed the claims by Campton Hills to their authority over said portion of McDonald Road,primarily because the City,Village,and Plato Township Road District entered into an intergovernmental agreement in 2009 that shows said portion of McDonald Road to be under the jurisdiction of the City and the City has"...the authority to regulate the use of, and to provide such maintenance of, the highways, including the highway shoulders, and roadside ditchers, under its respective jurisdiction as it shall deem necessary and advisable, at its sole expense, and in its sole discretion." Attorneys for CalAtlantic,Campton Hills,and the City worked back and forth in an attempt to reach a resolution. But as recently as July 5th, the Campton Hills Village Board did not accept a jointly negotiated resolution: As a result,CalAtlantic must move the entrance and all improvements from the disputed portion of McDonald Road to the portion fully within the purview of Elgin. CalAtlantic updated their traffic report,and Gewalt Hamilton Associates continues to show that McDonald Road has the capacity to accommodate full build-out of the subdivision and that the intersections with McDonald Road,even as amended,will function at acceptable levels of service or better. As it did before,the report uses traffic counts taken after the opening of the Sterns Road Bridge. Lynn Means,the Professional Traffic Operations Engineer with Gewalt Hamilton Associates who presented the first updated traffic assessment to the Planning and Zoning Commission in December 2016,prepared this most-recent update.Ms.Means testified to the Planning and Zoning Commission in December 2016 that the additional homes would generate approximately 50 to 60 additional cars during the a.m. and p.m.peak hour, and when those cars were distributed upon the proposed street network,the results may be one additional car every two or three minutes.Ms.Means explained to the Planning and Zoning Commission that the capacity for a two-lane road way(McDonald Road)is approximately 3,200 vehicles during the peak hour, and the 2014 Illinois Department of Transportation traffic counts were approximately 200 vehicles. Ms.Means concluded,"Combined with what traffic is projected,you're well,well,well under what capacity is for there,and traffic in general has grown about 2 percent per year in this area. So even considering the build-out well into 20-plus years,that design is capable of accommodating that traffic."I The most-recent update to the traffic assessment found,"As shown,under future year(2036)Total Traffic conditions, the site access driveway intersections with McDonald Road are expected to 1 Means Testimony,Transcript of Hearing,Petition No.20-16,Ponds of Stony Creek,December 5,2016,32:23. Recommendation& Findings of Fact Petition 24-18 July 23, 2018 Page 4 operate at acceptable levels of service(LOS C or better)after the construction of the development during both peak hours studied."' BACKGROUND In 2006, the city annexed hundreds of acres in/around the intersection of McDonald and Corron Roads,including approximately 228 acres of the Subject Property called Stony Creek East.In April 2009,the city annexed approximately 49 acres adjacent to Stony Creek East,known as the Capitani Parcel, and it was jointly planned for residential development with Stony Creek East. The new, coordinated development covered approximately 278 acres and was called the Ponds of Stony Creek (hereinafter referred to as the Ponds). The Ponds included 430 home sites,a clubhouse facility,and neighborhood parks connected by a system of pedestrianibicycle trails. The January 2018 approval increased the number of single-family home sites from 430 to 504, generally within the same street layout as that which was approved in 2009. In most cases, this increase was accomplished by decreasing the typical minimum width of lots from 90 feet to 80 feet, but in some places additional lots would be added where streets were once single-loaded and where the subdivision clubhouse was once proposed.Also,in June 2011,the Kane County Forest Preserve purchased land already annexed to Elgin and approved for 573 single-family homes. As a result, even with the 74 additional lots within the Ponds of Stony Creek, this area will ultimately have almost 500 fewer homes built than that number originally planned. More so, the January 2018 plan made substantial improvements. It added more internal street connections, moved most residential lots further away from the Campton Hills subdivision to the east (Arlington Estates), and included street lights that conformed to Campton Hills' dark skies provisions, among other things. The plan also protects approximately four acres of tree-canopied area,and CalAtlantic will spend more than$500,000 to improve the northern,four-acre park.A five- acre park is provided in the southern portion of the development. Finally, at the suggestion of City Council, CalAtlantic added back the walking trail to the east side of the development. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 24-18 on July 23,2018. Testimony was presented at the public 2 Traffic Assessment,Proposed Residential Development McDonald Road and Silver Glen Road,East of Corron Road Elgin,IL,Gewalt Hamilton Associates,Updated July 2,2018,page 4. Recommendation & Findings of Fact Petition 24-18 July 23, 2018 Page 5 hearing in support of and against the application. The Community Development Department submitted a Development Application Review dated July 23, 2018. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments and map amendments: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to its size, shape, significant natural features, and existing improvements. The subject property contains 277.7 acres, including the Capitani Parcel(49.4 acres)and the RLF Parcel(228.3 acres). Elevations range from a low point of 834 feet located within the southeastern portion of the site, to a high point of 877 feet located within the southwestern portion of the site,for a maximum relief of 43 feet. The property is traversed by a natural drainage system which flows generally from west to east. There are floodplains and wetlands associated with this drainage system. The natural flow of this drainage system has been interrupted by a man-made lake,which is to be retained as a development feature within common open space areas designed into the project. There are a number of wooded areas located along the outside boundaries of the development site. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. The subject property is tributary to the Bowes Creek Interceptor Sewer System.CalAtlantic is preparing to construct an appropriately sized lift station in the nearby Bowes Creek Country Club Subdivision,and this lift station and related sewer extensions will have the capacity to serve the Ponds and other development projects within its service area.Water mains are proposed to be looped through the subdivision from various connection points and to be connected to major transmission mains serving the west pressure zone. Stormwater management will be provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. Recommendation& Findings of Fact Petition 24-18 July 23,2018 Page 6 C. Traffic and Parking Standard. The suitability of the subject propertyfor the intended zoning district with respect to the provision ofsafe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessaryfor the reasonable use of the property and consistent with current traffic engineering standards.Property with two(2)street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.The subject property has frontage along McDonald Road.McDonald Road is an arterial road which serves the southwest portion of the Elgin Planning Area,and areas located in the Village of South Elgin and in unincorporated Kane County.McDonald Road is a west extension of the Stearns Road Bridge corridor, which bridges the Fox River and provides a new east/west regional arterial road corridor through Kane and DuPage Counties. The Ponds includes two points of access to McDonald Road.The western-most access point has left-and right-turn lanes from McDonald Road,and the eastern-most access point has a right-turn lane from McDonald Road. The updated traffic assessment provided by Gewalt Hamilton Associates notes that,while the eastern-most access point in the January 2018 plan included a left-turn lane from McDonald Road,it was"not warranted."3 That turn lane was removed only to ensure that all improvements to McDonald Road were within the undisputed section of McDonald Road. To the extent possible, the applicants will be dedicating additional right of way along McDonald Road to facilitate future construction of additional lanes and improvements which will provide local and regional benefits to traffic conditions. While the proposed changes to the Ponds of Stony Creek add 75 single-family homes east of Corron Road,the 2011 Kane County Forest Preserve purchase of approximately 370 acres west of Corron Road removed the trips associated with 573 single-family homes from the anticipated demands on Corron and McDonald roads.Roadway impact fees required by both Kane County and the city will be collected to fund future roadway improvements. 3 Traffic Assessment,Proposed Residential Development McDonald Road and Silver Glen Road,East of Corron Road Elgin,IL,Gewalt Hamilton Associates,Updated July 2,2018,page 4. Recommendation& Findings of Fact Petition 24-18 July 23, 2018 Page 7 Three proposed local streets are stubbed to neighboring undeveloped properties to allow for the future distribution of neighborhood traffic to the south and west.Also,right-of-way will be reserved along the east lot line of the subdivision to permit a future connection between the Ponds and Arlington Estates via Phar Lap Drive should it be deemed desirable; to be certain,construction of said connection is not proposed as part of this development.Finally, at the suggestion of the Community Development Department, a second internal street connection has been provided between Unit 2(to the north)and Unit 4(to the south)to make the subdivision compliant with Appendix D of the 2015 International Fire Code. Section D 107.1 limits the number of single-and two-family homes to 30 or less when only one fire apparatus access road is provided. Parking for the proposed residential dwellings will be provided in conformance with the Off- Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject propertyfor the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district.The majority of the subject property was annexed to the city in 2006 and zoned for single-family residential development.The remaining portion of the subject property was annexed and similarly zoned in 2009.Prior to annexation and currently,the entirety of the subject property was/is used for agricultural purposes. E. Surrounding Land Use and Zoning Standard. The suitability of the subject propertyfor the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land use and zoning.The majority of surrounding properties are located in the Village of Campton Hills or unincorporated Kane County.Corron Farm,an open space area owned by the Campton Township, is located to the west of the subject property within the Village of Campton Hills, and the proposed land plan honors a 2007 settlement agreement about the treatment along portions of this common lot line. The surrounding land uses located to the north, south, and east are either improved with estate homes or are in agricultural use. Along the east lot line, the plan provides a very wide Recommendation& Findings of Fact Petition 24-18 July 23, 2018 Page 8 setback that will be designed to provide a buffer and appropriate transition to the estate-type homes located within the adjacent Arlington Estates subdivision.Arlington Estates is located within the Village of Campton Hills. F. Trend of Development Standard. The suitability of the subject propertyfor the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to consistency with the existing pattern of development or an identifiable trend of development in the area.The areas located west of Randall Road and in the Elgin Planning Area represent a significant phase in the city's future growth and development,even though the Kane County Forest Preserve recently purchased several hundred acres of land that was annexed to the city in 2006,west of Corron Road and south of McDonald Road. The city has adopted and updated plans showing the ability to extend sanitary sewer and water service throughout this portion of the Elgin Planning Area to support annexation and development. Developments in the last approximately 10 years that have been approved by the City in the area of the subject property include Bowes Creek Country Club, Stonebrook, and Providence. G. Zoning/Planned Development District Standard: The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings.The proposed amendments to the previously approved planned developments are in substantial conformance with the purpose and intent of the planned development provisions of the ordinance.As it relates to this standard,the applicants seek only to amend previously approved zoning classifications of PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District. By way of departures,the applicants request only to amend the previous allowance regarding the rear yard setback in certain circumstances. Specifically, the applicants ask that that the building setback from a rear lot line may be reduced(1)to 20 feet for the purpose of allowing sunrooms for the Ridgefield house plans, and(2)to 35 feet for the Ridgefield house plans without a sunroom, and (3) decks, patios, and balconies for all house plans may encroach into the otherwise required 40-foot building setback. All other previously approved departures would remain. Recommendation & Findings of Fact Petition 24-18 July 23, 2018 Page 9 The zoning district lines between the two types of districts will be adjusted slightly to reflect the minor changes to land uses described within this Review and as shown upon the submitted preliminary and final plat and zoning map. The purpose and intent of the provisions of the planned developments is to accommodate unique development situations, subject to the provisions of Chapter 19.60, Planned Developments. Planned districts should be located in general conformance with Comprehensive Plan,and comprise at least a minimum two acres of land.The purpose of the PSFR2 District is to provide a planned urban residential environment of moderate density for single family detached dwellings. A PSFR2 zoning district is most similar to, but departs from the standard requirements of the SFR2 zoning district.The purpose of the PCF District is to provide a planned environment for various types of community facilities, including parks and open space,and other recreational amenities.A PCF zoning district is most similar to, but departs from the standard requirements of the CF zoning district. The purpose and intent of the provision of planned developments is to accommodate unique development situations.For planned development districts,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title; 2. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities; and 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. H. Comprehensive Plan Standard. The suitability of the subject propertyfor the intended zoning district with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to conformance to the goals, objectives,and policies of the official comprehensive plan.The property is designated within the "Low Density Residential (2.1 dwelling units to 4 dwelling units per net acre)" and "Parks and Open Space"land use classifications of the city's 2005 Comprehensive Plan and Recommendation& Findings of Fact Petition 24-18 July 23,2018 Page 10 Design Guidelines. The net density of the 2009 land plan was 3.10 dwelling units per acre, and the net density of the proposed land plan is 3.51 dwelling units per acre.4 ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS I. Conditional Use for a Planned Development: Where applicable, the suitability of the subject propertyfor the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings.The most-recent finding for this subdivision has not changed:This standard is not applicable. The applicant is requesting approval of an amendment to the existing planned development as a map amendment. J. Natural Preservation Standard. The suitability of the subject propertyfor the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The property is traversed by a natural drainage system which flows generally from west to east. There are floodplains and wetlands associated with this drainage system. The natural flow of this drainage system has been interrupted by a man-made lake, which is to be retained as a development feature within common open space areas designed into the project. There are a number of wooded areas located along the outside boundaries of the development site.CalAtlantic proposes to avoid impacting the drainage corridor and wetland areas. Buffer areas surrounding delineated floodplains and wetlands will be landscaped with native plant materials to protect the water resources and to expand wildlife habitat. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed,and operated so as to exercise no undue detrimental influence on each other or on surrounding property. 4 Net density calculations used 143.7 acres as the amount of the Subject Property allocated to residential uses,and this number came from the proposed preliminary plat dated September 14,2016. Recommendation&Findings of Fact Petition 24-18 July 23,2018 Page I1 Findings.The most-recent finding for this subdivision has not changed:The subject property is suitable for the intended planned development with respect to the internal land use standard. The proposed subdivision will be regulated by the terms and conditions of the annexation agreement, and by the planned development ordinances controlling the use and development of the residential areas(PSFR2 District),and the active and passive open space areas (PCF District). The annexation agreement, as amended, and planned development ordinances are intended to prevent undue detrimental influence on the proposed internal land uses and on surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicants request only to amend the previous allowance regarding the rear yard setback in certain circumstances. Specifically,the applicants ask that that the building setback from a rear lot line may be reduced (1)to 20 feet for the purpose of allowing sunrooms for the Ridgefield house plans,and(2)to 35 feet for the Ridgefield house plans without a sunroom,and(3)decks,patios,and balconies for all house plans may encroach into the otherwise required 40-foot building setback. Previous approvals included two departures to the subdivision requirements regarding centerline curve radiuses and cul-de-sacs. Those departures would also remain. And as discussed earlier,the condition within the PSFR2 planned development ordinance which referenced compliance with the original architectural guidelines was amended to include the proposed models.Those models show that three of the said models would have two-car garages instead of three. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 24-18, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by CalAtlantic Group, Inc.,and Daniel B.Light and Leah Rae Light,dated received July 2,2018 and the supporting documents including: a. Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to Existing Planned Development Districts, received July 2,2018; b. Declaration for Stony Creek Units 1 and 2,received July 5,2018; c. Plat of Zoning Exhibit for The Ponds of Stony Creek,prepared by Cemcon,Ltd.,dated March 17, 2008, last revised on July 3, 2018; Recommendation& Findings of Fact Petition 24-18 July 23, 2018 Page 12 d. Preliminary Plat for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated September 14,2016, last revised June 21,2018; e. Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by Cemcon, Ltd.,dated September 13, 2016, last revised June 27,2018; f. Roadway Improvement Plans for Ponds of Stony Creek — McDonald Road Elgin, Illinois,prepared by Cemcon,Ltd., dated July 20,2007, last revised June 27, 2018; g. Final Engineering Improvement Plans for Ponds of Stony Creek—Units 1 &2 prepared by CEMCON, Ltd., dated May 24, 2006 with last revision date October 17, 2017, as amended by the Final Engineering Improvement Plans for Ponds of Stony Creek—Unit 1 Addendum Elgin, Illinois, Watermain-Sanitary Sewer-Street-Street Lighting and Drainage Improvements, prepared by Cemcon, Ltd., dated June 27, 2018. Notwithstanding the foregoing, Final Engineering approval for Unit 2 shall require further submission of engineering plans to the City Engineer and approval by the City Engineer; h. Final Landscape Plan Ponds of Stony Creek Units 1 & 2 Elgin, Illinois, prepared by Gary R. Weber Associates, Inc.,dated October 3,2016, last revised July 3, 2018; i. The "Final Engineering Plans for Ponds of Stony Creek — Offsite Watermain Improvement Plan"prepared by CEMCON,Ltd dated February 19,2007 with the latest revision date of September 12, 2017. j. The "Final Engineering Plans for Ponds of Stony Creek Phase 1-3 Lift Station and Offsite Sanitary Sewer Improvement Plan"prepared by CEMCON,Ltd dated April 14, 2017 with the latest revision date of May 1,2018. k. Further revisions to the foregoing plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer;and assignment of ownership and maintenance responsibilities to the homeowners association of common features. 1. Changes to any of the aforesaid plans proposed by the developer that are(i)in the nature of construction revisions resulting from field conditions and (ii) determined by the City's engineer or Corporation Counsel to be generally consistent with the purpose and intent of the originally approved plans shall be allowed. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The building setback from a rear lot line may be reduced(a) to 20 feet for the purpose of allowing sunrooms for the Ridgefield house plans,and(b)to 3 5 feet for the Ridgefield house plans without a sunroom, and (c) decks, patios, and balconies for all house plans may encroach into the otherwise required 40-foot building setback. Recommendation & Findings of Fact Petition 24-18 July 23, 2018 Page 13 3. Review and approval of a third amendment to the annexation agreement, with revisions as may be required by the Corporation Counsel,Community Development Department,Parks and Recreation Department, Engineering Division, Public Works Department, Water Department, or other city departments and/or agencies. 4. Revisions to the preliminary plat, final plat for Unit 1, and the landscape plan as may be required by the Corporation Counsel, Community Development Department, Parks and Recreation Department, Engineering Division, Public Works Department, Water Department,or other city departments and/or agencies.Compliance with all statutes,codes, ordinances, rules, regulations, policies, and procedures is required for said plats and other associated plans and documents,unless departures have been expressly granted by prior city council action. 5. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Marc S. Mylott Marc S. Mylott, AICP; Secretary Planning&Zoning Commission Director of Community Development - r/. ,101 Subject Property ��;,�■.�y •� ,,o. Petition 24-18 ■�� ■moi ■�► �_ 8�°Pkwy • ■iil1►� 4 � �a Shaugh�nes r►�l� �����t��� �' {� 'Thornhill Dr �roe�es>!►e �C � , II `_ ® McDonald,=Rd ,. ■ ` � ®�s •gym coo y ! Y VO r W" EXHIBIT Aerial/Location Map W+E S 0 255 510 1,020 1,530 2,040 Map prepared by City of Elgin Feet Department of Community Development PSFR1 PCF Shaughnessy Dr PCF PSFR2 Thornhill Dr PCF PCF Subject Property Petition 24-18 McDonald-Rd PAB C PSFR2 J Legend V QRC1 Residence Conservation 1 cc QRC2 Residence Conservation 2 ORC3 Residence Conservation 3 C O PRC Planned Residence Conservation 1 V OSFR1 Single Family Residence 1 O PSFR1 Planned Single Family Residence 1 ` Q Q SFR2 Single Family Residence 2 2 � O PSFR2 Planned Single Family Residence 2 OTRF Two Family Residence Q PTRF Planned Two Family Residence QMFR Multiple Family Residence O PMFR Planned Multiple Family Residence ORB Residence Business OPRB Planned Residential Business PCF Q -NB Neighborhood Business C -PNB Planned Neighborhood Business -AB Area Business V -PAB Planned Area Business PSFR2 10 -CC1 Center City 1 -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial O -PORI Planned Office Research Industrial •� -GI General Industrial -PGI Planned General Industrial -Cl Commercial Industrial -CF Community Facility -PCF Planned Community Facility EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 200 400 800 1,200 1,600 Department of Community Development Feet Subject Property 4001 McDonald Rd. Petition 24-18 McDonald 0536300019 Cltatlon Ct 0536300009 0536300018 A��t dA O 0801100002 - — m Johnsway O - m 0801100005 c i e` me; 3' Z 0801100003 o` c� 0801300001 m F EXHBIIT C Parcel Map N A City of Elgin o no 340 680 1,020 1,360 Department of Community Development Feet SITE LOCATION 4001 McDonald Road Petition ' tis° �. .�: �.,��.— ,.. -��, ,.._...., � '��• i Subject Property Page of